With the passage of HB4002, Oregon has once again criminalized the possession of hard drugs, such as heroin, methamphetamine, and fentanyl.
This law, that came into action on Sunday, reverses the state’s prior policy, which had decriminalized possession of small amounts of these substances.
Through a ballot initiative, Oregon became the first state to decriminalize the possession of small amounts of hard drugs in 2020. Those found in possession of these drugs, however, will now be charged as misdemeanors, which carries a maximum sentence of six months in jail. In addition, the law gives offenders the choice to participate in treatment programs rather than face criminal prosecution.
The amended law encourages counties to set up treatment programs that could keep people out of the criminal justice system, but it does not require them to do so. For offenders to be eligible for deferral from jail time under these programs, they would need to fulfill certain requirements, like not having any outstanding warrants or violent offenses against them.
The law toughens penalties for drug sales in public places like parks and attempts to strengthen law enforcement’s capacity to combat drug use in public areas. Chief of Police Bob Day in Portland stated that being eligible for treatment programs will depend on a number of things, including how quickly behavioral health teams respond.
Critics argue that the new system could create confusion and inequity due to varying county resources and regulations. The possibility of uneven enforcement of the law in various areas has drawn the attention of the Drug Policy Alliance. Supporters of the legislation, such as Democratic state Representative Jason Kropf, contend that the modifications are an essential first step in resolving Oregon’s drug problem, which has been made worse by the fentanyl epidemic and the sluggish implementation of addiction treatment programs.
With support from both parties, the legislation was approved in March and is a part of a larger initiative to address the state’s drug-related issues. The state’s Criminal Justice Commission intends to fund deflection initiatives throughout the state with grants totaling more than $20 million.
Despite having previously spent more than $1.5 billion to increase treatment capacity, Oregon still has large gaps in the services it offers. The new law is considered as a component of a continuous endeavor to harmonize the demands of public health, addiction treatment, and criminal justice systems.
PBS News and New York Post contributed to this report.
